In 1995, Cutaia was indicted on charges of loansharking, racketeering and extorition. In 1996, Cutaia pleaded guilty to making extortionate extensions of credit and was sentenced to 30 months in prison. In 2002, Cutaia was again indicted on the same charge. He pleaded guilty again and was sentenced to two years in prison and three years of supervised parole.
In August 2005, Cutaia, was released from prison. His parole terms banned him from communicating with family members until August 2008. However, in January 2007 it was reported that Cutaia was the primary liaison between jailed boss Vittorio "Vic" Amuso and three capos, Aniello "Neil" Migliore, Joseph "Joey Dee" DiNapoli and Matthew Madonna, who were running the Lucchese crime family.
On February 28, 2008, Cutaia, his son Salvatore, his son-in-law John, and former acting capo Corcione were indicted on federal racketeering charges for activities dating back to the 1980s. These charges included loansharking, extortionate collection of credit, extortion, marijuana distribution conspiracy, illegal gambling, bank fraud, and mail fraud.
On October 25, 2009, Cutaia was sentenced to three years in federal prison for bank fraud. At the sentencing, Cutaia's attorney asked the court for home confinement, saying that Cutaia suffered from depression and advanced multiple sclerosis. Cutaia's request was denied. He was released on October 4, 2013.
- Domenico Cutaia Exclusion List State of New Jersey Casino Control Commission
- "EIGHT LUCHESE ORGANIZED CRIME FAMILY MEMBERS AND ASSOCIATES INDICTED FOR RACKETEERING AND OTHER OFFENSES" Department of Justice Press Release February 28, 2008
- "No sympathy for sick mobster; judge throws the book at him" New York Daily News October 24, 2009
- "BOP: Federal Bureau of Prisons Web Site"